20160920 TZHC Dodoma
The omission to state the date and place of attestation in the affidavit is a fatal defect, rendering the application incompetent and subject to being struck out.
- Citation
- 20160920 TZHC Dodoma
- Parties
- Applicant: Ally Lubuva; Respondent: Iddi Safari
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2016
- Procedural Posture
- Miscellaneous Land Application / Preliminary Objection Ruling
- Outcome
- Application struck out
- Legal Topics
- Affidavit Defects, Preliminary Objection, Notaries Public and Commissioner for Oaths Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ally Lubuva
Applicant
Iddi Safari
Respondent
Procedural Posture
Miscellaneous Land Application / Preliminary Objection Ruling
Legal Issues
- 1 Whether the affidavit in support of the application is defective for failing to state the date and place of attestation
Ratio Decidendi
The omission to state the date and place of attestation in the affidavit is a fatal defect, rendering the application incompetent and subject to being struck out.
Court Disposition
Application struck out
Orders
- Application struck out for being supported by a defective affidavit
- No order as to costs
Full Case Text
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